An Ontario university student is seeking leave to appeal a decision that his civil lawyer breached a deemed undertaking rule by forwarding confidential medical records of a female complainant to the defence lawyer representing the young man on sexual assault charges.
The case involves what is believed to be the first time in Ontario that the application of the “impeachment” exception in the Rules of Civil Procedure has been interpreted in a situation where compelled documents in one case are used in another proceeding.
A notice of motion for leave to appeal filed in Ontario Divisional Court states that “there is good reason to doubt the correctness” of the decision of Superior Court Justice Wendy Matheson. The motion filed on behalf of the young man who can be identified only as N.S. also argues that the Superior Court judge’s decision is in breach of his rights to fundamental justice under s. 7 of the Charter.